hematuria in the middie of 1969, three years
after separati
service. Following hospitalization in November
1969, adenpcarcinorneat
the prostate, with invasion of the bladde
r and with distant bony
metastasis was indicated. From the nature
of the disorder and inview of

the statements of the Armed Forces Institute of Pathol
ogy in this regard
the Board considers that the clinical evidence
demonstrated such
advancement in this case as to permit reasonable
difference of opinion as
to the date of the inception of the carcinoma. When
doubt arises which
is within the range of probability, and not based
on merest conjecture
and speculation, then application of the princip
le of resolution of
jodgwent doubt
to reach a favorable conclusion is a valid
exercise of

T
CASE NO. 34
Type of Injury: Acteriosclerotic Heart Disease and Cerebral Emboli with Right

Hemiparesis.

BVA’s Decision: Denial Affirmed.
Date of Decision: 1970.
Appellant's Allegation: That his blood trouble was caused by radiation and
that the blood trouble, in turn, caused heart disease.

Facts: The veteran was in active service from January 1945 to July 1946. He
arrived in the Asiatic Pacific Theater on September 9, 1945 and returned to the
United States on April 9, 1946. The cardiovascular system was normal on

examination for service and for separation. There is no record of radiation

injury or of exposure to radiation. However, the veteran alleged that about
four or five weeks after the atomic bomb explosion he was in the area where
the atomic bombfell. Testimony of three veterans who served with the veteran
in Japan in 1945 indicated that they landed about 40 miles from Nagasaki; that
two or three days after they landed the veteran and a sergeant went to
Nagasaki to see the atomic bomb damage; that they were probably the first
Americans to go into that area; that they did not know the area was
radioactive; and that the area was not restricted at the time but could have

been restricted later.
Evidence indicated that he had a recurrent ganglion excised from his right
wrist in November 1957; that in December 1957 he was first treated for
thrombophiebitis and pulmonary infarction; that in August 1960 he was first
treated for Buerger’s disease.

On review by the originating agency, it was held, in pertinent part, that
entitlement had not been established to service connection for Buerger’s
disease. The veteran was duly notified in January 1961.
In January 1965 he was firit treated for coronary arteriosclerotic heart
disease. In August 1968,.“thi veteran requested that his claim for
service-connected compensation be reopened. He stated that he felt his present

2s

ashe th:
Jb

condition was caused by his service-connected foot condition since his blood

and vein condition began in his feet.

.

A diagnosis of generalized arteriosclerosis was made on examination by the

Administration in October 1965. Recurrent pulmonary emboli and recurrent
thrombophlebitis were included in the additional diagnoses.
In December 1965, the veteran was hospitalized for observation and
examination. Diagnoses were arteriosclerotic heart disease with angina, old
myocardial infarction, and history of phlebothrombosis with pulmonary
emboli.
104

105

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